Legal separation is a legally recognized status in some states in which the spouses’ act of separating or living apart has legal consequences and changes the spouses’ rights and responsibilities. In some states the legal separation process is supervised by the court, which issues court orders for the parties to follow during their legal separation.
And in some states the spouses may enter into a written separation agreement that defines their rights and responsibilities during the separation period. Some states even require spouses to be separated for some period of time (e.g., one year) before they are able to divorce.
But some states—including Delaware, Florida, Georgia, Mississippi, Pennsylvania, and Texas—do not recognize legal separation, and the spouses are married, with the same rights and responsibilities, until they are divorced.
Laws regarding legal separation vary from state to state and are usually located in a state’s statutes—often in the family or domestic relations code.
In Wyoming, legal separation is recognized and is known as a 'decree of legal separation.' It allows couples to live apart without formally ending their marriage through divorce. The process is similar to divorce proceedings and is handled by the state's district courts. During a legal separation, the court can issue orders regarding child custody, support, alimony, and property division, which the parties must follow. Wyoming does not require couples to be legally separated before filing for divorce. However, if the parties later decide to divorce after obtaining a legal separation, the terms of the separation agreement or court order may be incorporated into the final divorce decree. The relevant statutes governing legal separation in Wyoming can be found in the state's domestic relations laws.